The Ontario Superior Court has ruled that an employee who continued to work for 15 months following a change in his terms and conditions of employment had not condoned the change and could claim damages for constructive dismissal. Read more about this surprising decision and key lessons for employers to learn in our Latest Update.
Jeremy D. Schwartz / About Author
Related Posts
2015 Q1 StringerLLP HR Law Webinar, Segment 3: Social Media in the Workplace
Jeremy Schwartz compares the results of two termination grievances arising out of racist and misogynistic tweets.
21 Apr 2015
Director sentenced to jail time for failure to pay wages under the ESA
In a recent decision, the Ontario Court of Justice sentenced the director of six Ontario companies, Steven Blondin, to 90…
19 Nov 2012
Don’t Read This Article. Post the New Employment Standards Act Poster!
Don’t Read This Article. Post the New Employment Standards Act Poster!
12 Mar 2008
Announcing our Complimentary Quarterly HR-Law Webinar (Q2)
Our first quarterly, HR-Law Webinar was a great success, with over 150 registrants. Thank you to those who joined us…
17 Jun 2013
2013 Q3 StringerLLP HR Law Webinar, Segment 1: AODA Update
This is segment 1 of 5 from our Q3 webinar held on Thursday, October 10, “Upcoming AODA Obligations – What You Need…
12 Oct 2013
Landmark Decision on Certification of ESA Class Actions and Constructive Dismissal
Ontario’s Divisional Court has upheld a lower court ruling refusing to certify a class action for statutory notice and severance…
25 Apr 2012
Courts Refuse to Restrain Former Salesperson from Competing – Greg McGinnis and Jeremy Schwartz
Courts Refuse to Restrain Former Salesperson from Competing – Greg McGinnis and Jeremy Schwartz
04 Mar 2008
Mitigating by returning to work: it depends on the circumstances
When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be…
02 Jun 2017
Blame the Lawyer? Drawing Best Practices for In-House Counsel from the Jurisprudence
By: Jeremy Schwartz and Amanda Boyce In-house counsel is often the unsung hero of a legal saga, having guided their…
14 Sep 2016
2013 Q4 StringerLLP HR Law Webinar, Segment 4: Punitive Damages
Jeremy Schwartz discusses recent punitive damages awards in Ontario
21 Jan 2014
Supreme Court of Canada Rules in Favour of Postal Workers in Pay Equity Human Rights Decision
The claim was filed 28 years ago by female employees of Canada Post with the Canadian Human Rights Tribunal (the…
21 Nov 2011
Continuing to Work Following Changes to Employment Not Considered Acceptance of Changes – Joe Morrison
Continuing to Work Following Changes to Employment Not Considered Acceptance of Changes – Joe Morrison
12 Apr 2011
Fail to Plan? Plan to Fail. Pandemic Planning and Response for HR
The World Health Organization has declared COVID-19 a global pandemic. Not since H1N1 and SARS before that, have employers faced…
27 Mar 2020
Failure to Mitigate proves Costly to Plaintiff in Constructive Dismissal
In a recent decision of the Ontario Court of Appeal, Chevalier v. Active Tire & Auto Centre Inc., an employee with 33…
24 Sep 2013
When can a resigning employee join a competitor?
A recent decision out of the Ontario Superior Court of Justice confirms that employees cannot give, contractually agreed, notice of…
28 Apr 2014